Chapdelaine v. Town of Eastford
Opinion
*701 SUMMARY ORDER
Appellant Darlene Anne Chapdelaine, pro se, sued the Town of Eastford, Connecticut (“Town”), the Inland Wetlands Watercourse Commission (“IWWC”), four Connecticut state court judges (“judicial defendants”), and Town residents and local officials. She asserted,
inter alia,
that the defendants conspired to prevent her from expanding the bam on her property, in violation of
District courts have an inherent authority to dismiss a complaint
sua sponte,
even when the plaintiff has paid the filing fee.
See Fitzgerald v. First E. Seventh St. Tenants Corp.,
Upon review, we conclude that Chapde-laine’s claims against the Town and the IWWC are untimely because the events giving rise to the claims occurred in 2010 and 2011, and she filed her complaint in 2015, more than three years after the cause of action accrued.
1
See Walker v. Jastremski,
Though the district court did not explicitly address Chapdelaine’s § 1981 claim, it was properly dismissed because Chapdelaine did not allege racial animus.
See Mian v. Donaldson, Lufkin & Jenrette Sec. Corp.,
The claims against the judicial defendants were properly dismissed because they had absolute immunity from damages suits for actions taken in their judicial capacities, and they did not act in the “clear absence of all jurisdiction.”
Tucker v. Outwater,
*702 The claims against the private-actor defendants, including the allegations of harassment, were properly dismissed because Chapdelaine did not plausibly allege that they acted in concert with the Town or Town officials. Ciambriello v. Cty. of Nassau, 292 F.Sd 307, 324-25 (2d Cir. 2002) (conclusory allegations of a § 1983 conspiracy are insufficient).
Chapdelaine’s claims against the local officials fail regardless of whether she brought them against the officials in their personal or in their official capacities. If she sued them in their official capacities, she needed to allege that the Town had a policy or custom that caused the constitutional deprivation.
See Goldberg v. Town of Rocky Hill,
If on the other hand Chapdelaine sued the officials in their personal capacities, it was not necessary for her to allege a policy or practice. She failed, however, to plead “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.”
Ashcroft v. Iqbal,
She also asserts an equal protection class-of-one claim. The claim, however, is time barred because it is based on an action that took place more than three years before she filed her complaint.
See Walker,
We review a district court’s decision not to exercise supplemental jurisdiction for abuse of discretion,
See Valencia ex rel. Franco v. Lee,
We have considered all of Chapdelaine’s other arguments and conclude that they are without merit. Accordingly, we AFFIRM the order of the district court.
. Though Chapdelaine filed a complaint in her earlier federal action on October 14, 2014, that complaint was voluntarily withdrawn, and in any event her claims in that complaint were still untimely.
Reference
- Full Case Name
- Darlene Anne CHAPDELAINE, Plaintiff Appellant, v. TOWN OF EASTFORD, Its Officials, Inland Wetlands Watercourse Commission, Town of Eastford, Thomas DeJohn, Denis Day, Marcia Day, Mary Duncan, John Revill, Robert Torcellini, Craig Whitehouse, Christopher Whitehouse, Sr., Amy Whitehouse, Deborah Lee, Georgianne Copley, Claudia Hixson, Brenda Willis, Daniel Belanger, Rhonda Belanger, Cecelia Vaida, Arthur Brodeur, Allan Platt, Adrian Genovesio, Diana Drake, Mark Branse, (Color of Law and Privately), Christopher Bowen, (Color of Law and Privately), Defendants-Appellees, Gary Warren, Deborah Torcellini, Paul Torcellini, Julia Torcellini, Rebecca Whitehouse, Raymond Whitehouse, Karen Butts, Robert Willis, Paul Vaida, Raymond Green, Kenneth Andersen, Angelo Dos Santos, Honorable Judge, John Boland, Honorable Judge, Michael Riley, Honorable Judge, Marshall K. Berger, Honorable Judge, Branse Willis and Knapp, LLP, Defendants
- Cited By
- 1 case
- Status
- Unpublished